6. Every member Government undertakes to provide inland vessels under its control in Continental Europe required for traffic of common concern, (i) in accordance with the recommendations of the Organisation generally, and (ii) if signatory to the Annex to this Agreement, in accordance with its terms. Provision of Fuel, Power and Lubricants. 7. Every member Government shall take all measures necessary and practicable to ensure, in respect of the territory in Continental Europe under its authority, that adequate supplies of fuel, power and lubricants are available for traffic of common concern, provided that the Organisation has made suitable arrangements with the Government concerned. Charges. 8. Every member Government undertakes not to levy or permit the levy of customs duties or other charges, other than transport charges, and admissible transit charges on traffic of common concern in transit through territories in Continental Europe under its authority. No discrimination shall be made in respect of import duties levied on goods of common concern, dependent on the route the goods have travelled prior to importation into the country concerned. 9. Every member Government undertakes to secure that transport charges made within territories in Continental Europe under its authority on traffic of common concern, including such traffic in transit through such territories, shall be as low and simple and as uniform with those in other territories, to which this Agreement applies, as is practicable. Every member Government shall give the fullest consideration to recommendations made by the Organisation in accordance with paragraph 11 of Article VII and report to the Organisation on the action taken. Miscellaneous. 10. Every member Government undertakes to co-operate with the Organisation in the exercise of its functions under paragraphs 14 and 16 of Article VII. 11. Every member Government shall use its best endeavours in its relations with any other international organisations, agencies or authorities to give effect to the provisions of this Agreement. 12. Every member Government shall give the fullest consideration to any recommendations made by the Organisation in accordance with paragraphs 12, 15 and 18 of Article VII and report to the Organisation on the action taken. 13. Every member Government shall recognise the international personality and legal capacity which the Organisation possesses. 14. Every member Government shall respect the exclusively international character of the members of the Executive Board, the Chief Officer and the staff of the Organisation. 15. Every member Government shall accord to the Organisation the privileges, immunities and facilities which they grant to each other, including in particular – (a) immunity from every form of legal process; (b) exemption from taxation and customs duties; and (c) inviolability of premises occupied by, and of the archives and communications of the Organisation. 16. Every member Government shall accord diplomatic privileges and immunities to persons appointed by other members as their representatives in or to the Organisation, to the members of the Executive Board, and to the higher officials of the Organisation not being their own nationals. 17. Every member Government shall accord to all officials and employees of the Organisation (a) immunity from suit and legal process relating to acts performed by them in their official capacity; (b) all such facilities for their movement, and for the execution of their functions, as are deemed necessary by the Organisation for the speedy and effective fulfilment of their official duties; and (c) except in the case of their own nationals, exemption from taxation of their official salaries and emoluments. 18. Every member Government shall in territory under its authority take all steps in its power to facilitate the exercise by the Organisation of any of the powers referred to in Article IV. ARTICLE IX. The Organisation shall be related to any general international organisation to which may be entrusted the co-ordination of the activities of international organisations with specialised responsibilities. ARTICLE X. 1. The functions of the Organisation shall relate to all forms of transport by road, rail or waterway, within the territories of the Continent of Europe in which the Organisation operates, but not to sea-going shipping, except that the provisions of paragraph 10 of Article VII and paragraph 5 of Article VIII shall apply in respect of such shipping when employed in Continental Europe on inland waterways. 2. In regard to the handling of traffic in ports where sea-going vessels are discharged or loaded, the Organisation shall co-operate with the appropriate authorities of the member Government concerned and any shipping organisation set up by them to ensure (i) the rapid turn-round of ships; (ii) the efficient use of port facilities in the best interests of the prompt clearance of cargo of common concern. ARTICLE XI. In the event of there being any direct inconsistency between the provisions of this Agreement and the provisions of any agreement already existing between any of the member Governments, the provisions of this Agreement shall, as between such member Governments, be deemed to prevail, due respect being had to the provisions of paragraph 17 of Article VII, provided, however, that nothing in this Article shall be construed to prevent member Governments from entering into agree ments to facilitate the working of traffic across national frontiers. ARTICLE XII. - Definitions. 1. For the purpose of this Agreement and its Annex, the definitions given in this Article have been adopted. 2. The term "inland transport" shall include all forms of transport as referred to in Article X of this Agreement. 3. The term "Continental Europe" shall mean all territories in Europe under the authority or control of member Governments, but shall not extend to territory of the United Kingdom or of the Union of Soviet Socialist Republics. 4. The term "territory under the authority of a member Govern ment" shall be construed to mean territory in Continental Europe either under the sovereignty of a member Government or territory over which a member Government or member Governments is or are exercising authority or control. 5. The term "transport equipment and material" shall include, so far as the Executive Board deems it necessary for the execution of the functions of the Organisation: (i) any items of fixed and mobile equipment, stores (other than fuel), plant and spares and accessories of all kinds specifi cally intended and required for use of transport undertak ings, including equipment required for use in ports, ashore or afloat; whether (ii) equipment and material specifically intended and required for the rehabilitation, maintenance or construction of roads, railways, bridges, ports and inland waterways; (iii) major plant and tools specifically required for the repair of transport equipment and material for use by transport authorities. 6. The term "traffic of common concern" shall include (i) personnel, stores, supplies or other traffic to be moved in accordance with the requirements of the Allied Commandersin-Chief; (ii) displaced and other persons to be moved in accordance with the priorities determined by the appropriate United Nations authorities; (iii) supplies for civil needs to be moved in Continental Europe in accordance with the priorities determined by the appropriate United Nations authorities; (iv) property removed by the enemy. 7. The term "transport charges" shall include, in addition to freight or conveyance charges, any other incidental charges, such as tolls, port charges, charges for warehousing and handling goods in transit which may affect the cost of transport. 8. The term "admissible transit charges" means dues intended solely to defray expenses of supervision and administration entailed by the transit traffic concerned. 9. The term "Allied Commander-in-Chief" shall mean any Commander-in-Chief designated for commands on the Continent of Europe by the appropriate authorities of any of the following: The French Republic The Union of Soviet Socialist Republics The United Kingdom of Great Britain and Northern Ireland 10. The term "Government" includes any Provisional Government. ARTICLE XIII. Until the expiry of the period of two years from this day's date, the provisions of this Agreement may be amended, suspended or terminated only by a unanimous vote of the Council. At any time after that date any provision of this Agreement may be amended, suspended or terminated by a two-thirds majority of the Council, provided that no alteration shall be made in the provisions of this Agreement so as to extend the obligations or financial liability of any member Government without that Government's consent. ARTICLE XIV. 1. This Agreement shall come into force for each member Goren ment on the date of signature on its behalf or of its admission to the Organisation under Article II. 2. It shall remain in force for two years from this day's date It shall thereafter remain in force, subject to the right of any member Government, after the expiry of eighteen months from this day! date, to give six months' notice in writing to the Council of its intertion to withdraw from this Agreement. In witness whereof the undersigned, duly authorised by their re spective Governments, have signed the present Agreement. Done in London on the 27th day of September, 1945, in English, French and Russian, all three texts being equally authentic, in s single copy which shall be deposited in the archives of the Government of the United Kingdom of Great Britain and Northern Ireland. by whom certified copies shall be transmitted to all Signatory Governments. For the Government of the United States of America: For the Government of Belgium: OBERT DE THIEUSIES For the Government of Czechoslovakia: BARÁČEK-JACQUIER For the Provisional Government of the French Republic: R. MASSIGLI For the Government of the United Kingdom of Great Britain and Northern Ireland: PHILIP NOEL-BAKER For the Royal Hellenic Government: TH. AGHNIDES For the Government of the Grand Duchy of Luxembourg: A. ALS For the Government of the Netherlands: C. C. GISCHLER For the Government of Norway: ERIK COLBAN Subject to approval by the Storting |